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DuMOND v. CITY OF MATTOON

Gen. No. 10,610.

60 Ill. App.2d 83 (1965)

207 N.E.2d 320

Ruby M. DuMond, as Executrix of the Estate of Robert R. DuMond, Deceased, Plaintiff-Appellee, v. City of Mattoon, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied June 2, 1965.

Attorney(s) appearing for the Case

Jack E. Horsley, William E. Larrabee, and Whitney D. Hardy, of Craig & Craig, of Mattoon, for appellant.

Ralph D. Glenn, of Mattoon, for appellee.

SMITH, P.J.

Defendant city was charged in Count I with negligence in the operation and maintenance of its city lake and pumping station resulting in decedent's death. Judgment for $10,000 was entered on a jury's verdict for plaintiff, post-trial motion was denied and this appeal followed. Count II charging willful and wanton misconduct was withdrawn from the jury on motion of the defendant and there is no cross-appeal from that order. No questions are raised on the...

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